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The Department of Justice plays a limited, but important, role
with respect to elections. The Justice Department's Criminal and
Civil Rights Divisions enforce specific federal laws that help to
ensure that all qualified voters have an opportunity to cast their
ballots and have them counted. More specifically, the Department
is responsible for enforcing federal laws that help prevent and
punish fraud and other assaults on the integrity of the election
process for federal elections; for ensuring compliance with the
Voting Rights Act, including preventing discrimination and voter
intimidation; and for protecting the voting rights of service
members and overseas citizens, as well as voters with disabilities.
The Justice Department has led a major enforcement effort to
assure compliance with the Voting Rights Act and other federal
laws that protect American voters. During this administration, the
Voting Section has broken new ground, filing the majority of all
cases ever filed under the minority language provisions of the
Voting Rights Act, as well as the bulk of all cases ever filed
under Section 208 of the Act, which guarantees voters the right to
obtain assistance in voting.
Civil Rights Division Election Day Program:
For decades, the Justice Department has conducted an Election Day
program to help protect the rights of eligible voters to cast
their votes. On Election Day, the Civil Rights Division will
implement a comprehensive program to help ensure ballot access.
- Since the passage of the Voting Rights Act of 1965, the Justice
Department has regularly sent federal observers and monitors
around the country to protect the rights of all voters,
including minority voters and voters who need assistance at the
polls. This year, the Civil Rights Division will coordinate the
deployment of hundreds of federal government employees in
counties, cities and towns across the country to ensure access
to the polls as required by our nation's civil rights laws.
- On Nov. 7, 2006, the Department of Justice will send a record
number of federal personnel for a midterm election, including
hundreds of Justice Department employees, to over 65 cities or
counties in approximately 20 states to monitor the elections.
- In identifying locations where federal monitors may be needed,
the Civil Rights Division has sought out the views of many
organizations, including advocacy groups for minority voters and
voters with disabilities, as well as state and local officials.
- On Election Day, voters will be able to file complaints online
on the Voting Section. Civil Rights
Division personnel are available at a specially staffed toll-
free number 1-800-253-3931 to receive complaints, and on a
dedicated TTY line, 1-888-305-3228.
- The Civil Rights Division's efforts to ensure voter access in
accordance with federal law included training a responsible
official, the District Election Officials (DEOs), in every U.S.
Attorney's Office across the country on ballot access laws. The
process began in 2002 through the Attorney General's Ballot
Access and Voting Integrity Initiative. The DEOs receive annual
training on these issues in Washington, D.C., and are better
prepared to recognize and remediate federal ballot access issues
that they may receive on Election Day.
- The Civil Rights Division's commitment to ensuring voter access
has resulted in an unprecedented scope of observer and monitor
coverage during the past six years. Moreover, a majority of all
federal court orders providing for federal observers were
obtained or extended by this administration.
- The Civil Rights Division enforces the Voting Rights Act; the
National Voter Registration Act; the Uniformed and Overseas
Citizens Absentee Voting Act; and the Help America Vote Act.
Among other things, these laws prohibit discrimination or
intimidation based on race or language; mandate the availability
of voter assistance; require minority language election
materials in certain jurisdictions; provide for accessible
election machines for voters with disabilities and absentee
ballots for service members and voters abroad; and require
states to ensure that citizens can register at drivers license
offices and other state agencies and also ensure that their
voter rolls are accurate.
The Attorney General's Ballot Access and Voting Integrity Initiative:
The Attorney General's Ballot Access and Voting Integrity
Initiative was created in October 2002 to increase the
Department's ability to deter election fraud and discrimination at
the polls, and to prosecute these offenses - to make voting easier
and cheating harder. It is imperative that in pursuing voting
integrity, ballot access is not in any way diminished or harmed.
- On Election Day, the Public Integrity Section of the Justice
Department's Criminal Division will have federal prosecutors
readily available to receive complaints and take any appropriate
action. When the polls open, the Department of Justice - both in
Washington, D.C. and in the states - will be available to handle
complaints and open investigations.
- District Election Officers have been designated and will be
available in each U.S. Attorneys' district to receive and handle
any complaints received from the public.
- The Criminal Division's Public Integrity Section has assigned
attorneys to assist with potential election crimes. Lawyers with
the section will be on duty from the time the polls open on the
east coast until the time they close on the west coast to
provide consultation and coordination with the DEOs.
- The Justice Department enforces laws that prohibit voter
intimidation, voting by ineligible individuals, bribery,
destruction of valid ballots or registrations, counting more
votes than there are registered voters, altering vote tallies,
voting in multiple counties, abuse of absentee ballots,
malfeasance by election officials, the disappearance of ballot
boxes, furnishing fraudulent voter registration forms to
election registrars, and forging the names of voters on absentee
ballot materials.
- Since the Attorney General's Ballot Access and Voting Integrity
Initiative was launched in 2002, more than 120 individuals have
been charged with election fraud offenses. Eighty-six people
have been convicted of voter fraud in that time frame.
- Nearly 300 election fraud investigations have been started since
the initiative began in 2002. There are now approximately 200
investigations ongoing throughout the country.
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